What Do You Want to Arbitrate? Make Sure It's Clear
Bob chortled to PB's president that, "the homeowners are facing a challenging claim; they will quickly come to the settlement table to avoid the risks of losing the defamation claim and paying my fees on top of their fees."
November 15, 2021 at 10:48 AM
8 minute read
Charles F. Forer, Charles F. Forer Alternative Resolution Services ADR
Editor's note: This article describes a hypothetical situation.
Bob touts arbitration as a fast and efficient way to resolve disputes. So when contractor PB Ltd. walked in Bob's office door (vaxxed and masked) and asked Bob to draft a form customer contract, Bob (also vaxxed and masked) did not hesitate to insert the following provision into the contract:
"Any dispute arising from the performance or nonperformance of this agreement shall be resolved at the request of either party through binding arbitration. Judgment on the award may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration concerning this agreement shall be entitled to reasonable attorney fees."
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